Motivación en las sentencias emitidas por los jueces de primer nivel en Ecuador

Abstract

Abstract: In this research paper, we analyze the reasoning provided in judgments issued by first-instance judges in Ecuador. The objective is to determine whether these judicial decisions meet the standards of coherence, sufficiency, and legal substantiation required by the Constitution of the Republic and the Organic Code of the Judiciary. This analysis employs an agile and straightforward method, allowing for an in-depth examination of the structural content of the judicial reasoning. The study focuses on a case of divorce by mutual consent involving no dependent children, examining the reasoning behind the first-instance judgment. It also outlines the research methodology and objectives, and incorporates a questionnaire based on standards for sufficient and correct reasoning to verify whether the judgment is properly substantiated. The findings highlight the need for an amendment to the Arbitration and Mediation Law to ensure that, in cases of divorce by mutual consent where the spouses have no minor or dependent children, the principles of procedural speed, judicial economy, and access to justice at no cost are upheld.